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Updated over 7 years ago on . Most recent reply

User Stats

27
Posts
3
Votes
Robert Lenfestey
  • Real Estate Investor
  • Cary, NC
3
Votes |
27
Posts

Recovering Attorney Fees for Non-payment of Rent in NC

Robert Lenfestey
  • Real Estate Investor
  • Cary, NC
Posted

I have a tenant who decided to purchase a house 4 months into his 12 month lease.  I listed the property the day he told me he was planning on purchasing a house at the same rent he was paying.  He moved out 2 months later.  He left the property during the slow rental season during the holidays.  He continued to pay rent 2 months after he moved out, then stopped paying rent.  The property remained vacant for 4 months, then rented at the original listing price for a two year lease.  I plan on seeking a judgement for the lost rent and late fees that accrued during his tenancy, which, after the security deposit is just under $5,000.   He makes $150 k/year and bought a $573k house, so he has assets to go after. My question is:  Can I recover my attorney's fees as well in small claims court.  My lease has language specifically stating that all legal fees incurred recovering rent in the event of a breach by the tenant are the tenant's responsibility.  Has anyone been successful in recovering attorney fees in N.C. specifically Wake County.  I know I don't need an attorney for small claims court, but if the tenant is responsible for the attorney fees, then there is no downside. 

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